2009 Louisiana Laws TITLE 46 Public welfare and assistance :: RS 46:1792 Eligibility

§1792.  Eligibility

A.  Eligibility for payments in subsidy of adoption shall be determined and approved by the department, in accordance with rules and regulations adopted as provided by R.S. 46:1793, prior to the completion of the adoption proceeding, and shall be redetermined at least annually thereafter, except that in those cases where the child is eligible for federal Title IV-E funding under the Social Security Act the redetermination shall be made at least every five years thereafter.

B.(1)  Adoptive parents who are residents of the state of Louisiana, and who are eligible to adopt a child residing in Louisiana and to receive subsidy payments for such adoption, or the designated tutor or guardian shall remain eligible to receive such payments, regardless of whether or not such adoptive parents, tutor, or guardian subsequently become residents of another state, except in cases where that state:

(a)  Has a subsidized adoption program that is available to such former Louisiana residents, parents, tutors, or guardians for the particular Louisiana child to be adopted, and

(b)  Is a party to the Interstate Compact on Adoption and Medical Assistance in accordance with the provisions of Children's Code Articles 1601 et seq.

(2)  Adoptive parents who are residents of other states, and who are eligible to adopt a child residing in Louisiana, or the designated tutor or guardian residing in another state, shall be eligible for a subsidy under the same conditions as Louisiana residents, except in cases where the other state:

(a)  Has a subsidized adoption program that is available to such Louisiana nonresident parents, tutors, or guardians for the particular Louisiana child to be adopted, and

(b)  Is a party to the Interstate Compact on Adoption and Medical Assistance in accordance with the provisions of Children's Code Articles 1601 et seq.

C.  The subsidized payments, as provided herein, shall include cases involving children in the custody of the Department of Children and Family Services and children determined to be entitled to benefits pursuant to federal laws, rules, or regulations.

Added by Acts 1978, No. 734, §1.  Amended by Acts 1979, No. 769, §11; Acts 1981, No. 354, §1; Acts 1981, No. 575, §1; Acts 1985, No. 810, §1, eff. July 22, 1985; Acts 1990, No. 345, §1, eff. July 10, 1990; Acts 2004, No. 456, §1, eff. June 24, 2004.